Much-loved pensioner dies after tripping on uneven pavement which Milton Keynes Council refused to repair

Moira Farnell, 79, had contacted MK City Council repeatedly to report that the pavement outside her Lakes Estate home was a trip hazard.

She told them the roots of a large tree planted more than 50 years ago have lifted the paving slabs, causing one of them in particular to stick up at an angle.

And she begged them to fix the slabs and trim back the tree before any more damage done. But the council ignored her, says her family.

She told her son Jason and her husband constantly: “That pavement will be the death of me”.

But, even so, nobody was prepared for the terrible shock that was to come…

Earlier this month, sprightly and sociable Moira left her Mentieth Close house as usual, probably to make one of the four times a day visits to Tesco, where she was a favourite of all the staff.

She tripped over the jutting slab and fell forward, hitting her head hard on the pavement.

"It was horrible, but at first we thought she’d be okay,” said her son Jason. “But then suddenly she started getting confused and saying odd things. It was obvious that something was wrong.”

Moira was taken to Milton Keynes Hospital where a scan discovered she was suffering from a bleed on the brain, caused by the impact of the fall, that was getting worse and worse.

"The doctors did what they could. They even talked about an operation to relieve the pressure on her brain. We never left her side. We stayed with her, holding her hand. She was scared,” said Jason.

The family had to make a horrible decision: have the operation and face the fact that Moira would be brain-damaged for the rest of her life, or do nothing and let her die.

"Mum was so full of life. Everyone on the estate knew her and she cared about everyone and talked to everyone,” said Jason. “We knew we would never get the old mum back again – and she would hate being disabled.”

On Bank Holiday Monday, May 6, Moira slipped peacefully away, leaving her husband, two children, six grandchildren and seven great grandchildren distressed beyond words.

The death certificate states that she died of a head injury as a result of an accidental fall.

"We can’t come to terms with the fact that the paving slab she tried so hard to get repaired ended up causing her to die. Her words about it being the death of her came horribly true...” said Jason.

He and the rest of the family are now determined that Moira’s legacy will be that the pavement is fixed and the tree trimmed back.

"She wouldn’t want the tree killed. But the roots are doing terrible damage under the ground – they’re even causing a nearby wall to lean,” he said,

"The path is a main route through the estate, used by lots of pensioners from nearby OAP housing and also children on their way to school.. Mum always worried that a child would trip and get hurt...She loved all the little ones and was always thinking about other people.”

Neighbours, also reeling from the tragedy, have contacted the council on the family’s behalf.

"We have lost one of our valued residents and we don’t want this to happen to anyone else,” said one.

As a result, the council last week sent a highways inspector to scrutinse the area. They have now emailed the neighbours with their verdict – which was, incredibly, that no action at all would be taken.

The email states: "A highways inspector has visited the location you reported to us and has carried out a full assessment of the footway here. Our Highways Inspectors are trained to inspect all highways assets and assess them in line with our Code of Practice... The site assessment did not find an issue that met with our criteria for immediate repair or replacement as per the Code of Practice.”

It adds: “However, we will continue to carry out our regular highway inspections here and if the asset deteriorates, we will carry out any necessary actions as per our Codes of Practice.

“In addition to the Highways Inspector site visit, Senior Landscaping Officers also visited the site to review the tree... Our Landscaping Officer carried out an assessment and found no issues with this tree, stating that it is in good health and the roots were causing no concern. The Landscaping Team will monitor the tree as part of their scheduled inspections.”

Jason said: “We just can’t believe it. How can the council not do anything? We are determined to fight until mum’s last wish is granted and this problem is fixed.”

Highways inspectors measure uneven paving and will only authorise repairs if it juts out by a certain number of millimetres. It is understood the slab that tripped Moira was two or three millimetres under the criteria.

The Citizen approached the council press office on Friday but we are still awaiting a reply.

Council officials are being urged to forget the Codes of Practice and fix the pavement urgently as a goodwill gesture to Moira’s family and neighbours.

We spoke to council leader Pete Marland who said: “I have the deepest sympathy for the family. Any death resulting from an accident is a shock and a very sad time.

"The council is looking into this tragic case. There are clear policies in place for when roads and pavements should be repaired and the time it takes, which prioritise safety.

“There will be a legal inquest which will look into these issues, so it wouldn’t be right to comment further on the specific case.

"However, even if the correct process has been followed, sometimes it’s right that the council looks to show compassion and understanding after an event like this.

Regardless of the situation, someone has died, so I will be asking the Highways team to look into what discretionary action the council can take at this difficult time.”

Meanwhile, Moira’s funeral will be held on Thursday May 30 at 12.15pm at Crownhill Crematorium.

She was one of the first tenants to move onto the estate 50 years ago, coming from the East End of London, and was widely loved and respected by the community.